The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-29
Judge Sutherland at the
Deseret University.
THE SUBJECT OF CONTRACTS
Their Conditions and FulhlIments-
How Made and Cow Set Aside
How Enforcsd or Avoided

The subject OF contracts ID both eX-
tensive and important ;iconcerning, as il
does, the laws that govern the COM
merce and industry of the world, il
should be generally understood by all
A contracts an agreement between two
or more competent parties upon suf-
6cient consideration to do or not to dc
some lawful act. No contract is good
without all these conditions. In the
first place the parties must be com.
petent; that is, they must be of suffi
cient intelligence, age, and freedom oil
will (see the lecture, "The Rights oil
Married Women" and illegal In
fancy.") After certain age, varying
in different places, competency Of the
parties is presumed, and the contrary
must be proved if alleged. Want of in
telligence in either of the parties con-
tracing must be shown by the party
alleging such wants; and, if shown, it
| will avoid the fulfillment of an execu-
tory contract. Persons afflicted with
lunacy may have lucid intervals, and
L COAtAdSto hxpoO Ao1AhS ehOSO POAlOAo Va
sanity are binding. If person IN
knowingly contracts with lunatic and
deals fairly with him, no court will set
aside the transaction as illegal; but
should the court be called on to decide
| whether or not the contract was unfair.
and found that advantage had been
| taken of the lunatic, the tran
saction would be set aside. In
to1ication being like insanity in
/ its effects, is sufficient, if proved,
| to avoid contract made by an in
| toxicated person; and the fact that the
| intoxication was involuntary, does not
alter the case. If contract is signed
under duress, through fear or compul-
sion, it is void, since it affects the free
dom of will. Illegal imprisonment,
| whether for cause or without cause. for
the purpose of obtaining contract,
renders the latter void. If q person is
| threatened with personal violence and
put in bodily fear, or if his family, or
any of them, is threatened, and thereby
signs contract, it is void. But threat
concerning ones property is not suf-
ficient 10 render a contract void, each
person being supposed to have sufficient
manliness to disregard such threat,
knowing that the law will protect his
property. So, if one is deceived by
false representations of the other party
THE CONTRACT MAY BE AVOIDED
on the discovery of the fraud. General
imbecility, or mental weakness, is not
enough, except in cases where undue
influence has been used, to constitute
a ground for avoiding the fulfillment of
q contract. Deaf and dumb persons
were ct common law deemed incompe-
tent; but it may be shown, as is often
the case, that these persons are COM
petent, and with strong and Keen in
tellects.
In each contract there must be con-
sideration. If you promise to pay
! gratuitously, the law will not enforce
the payment. A gift to be of effect
must be executed (see previous lecture).
The consideration must be either valu-
able or good. Available consideration
is something that is benefit to the re-
ceiver, or detriment to the payer. A
good consideration is one of love and
affection, as between parent and child,
and will support conveyance Of prop
erty unless antagonized by CREDITORS
who were such before the gift was made.
An executory consideration is that in
which is to be realized when delivered.
If one requests another to perform labor
| for him and this other performs the
labor, the law implies that the first
promised to pay the laborer. Also, if
one sends an order for goods to store
| it is implied that the goods will be paid
for, though no promise to that effect
has been made. These and similar cases
are just as binding as expressed prom
| ises. When borrower promises to re-
| turn the money on a certain day,
| this is promise on an executed
| contract. If one agrees with another
| to perform services, and the otheR,
| promise to pay for the same, the prom
| Use of both is called executory. If one
| INJURIES another, or destroys his prop
erty, or SANDERS him, and the parties
compromise by the promise of the
wrong -doer to pay the injured party
sum of money, this is legal, enforce
able contract. Any promise that is I'm.
| lawful, as when one undertakes to do
something that the law denounces as
wrong, or that is opposed to- good
morals, is illegal and void.
IN EACH CONTRACT
there must be an agreement. The pas-
| ties must understand each other and
agree in the same sense upon the thing
| specified. Without the concurrence of
their wills, the contract is not good.
Contracts may be made orally or in
writing. A contract made under seal,
| as well as written, is more solemn and
deliberated one than al oral agreement.
| Con racts made under seal are called
| speoialties. At common Law they bind
the owner and his heir to the fulfill
| ment, and imported absolutely a con-
sideration not to be disputed. All COM
mercial. negotiable paper imports g
consideration that may be disputed;
but purchaser OF such paper in good
faith can enforce his claim as agalust
any fraud in the original consideration
1t bears.
Contracts are either express or i'm
Piled. They are express when the
Terms are par icularly mentioned. I'm
pied contracts are of two kinds: First =
The facts of given case may show that
| promise is tacitly understood between
the parties, and this the law will en-
1 force. Second-There may bs no tacit
promise in the contract, and the law
may assume that there should have